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My example is how it would work in the absence of any trade mark registrations. I incorrectly assumed there were no registrations in place here. Having checked,
by grabeh 12y ago
My example is how it would work in the absence of any trade mark registrations. I incorrectly assumed there were no registrations in place here. Having checked, yes, the presence of a registration would greatly improve Bolt's leverage in the manner you describe.
- philsnow 12y agoRegistering a mark with the USPTO is _absolutely not required_ to have standing for an ownership claim, even if another party goes to USPTO and registers your mark or a similar one.
- grabeh 12y agoThe point is that although yes, the incumbent would be able to bring a claim, in the absence of a registered trade mark, a claim on the trade mark would be based on the established goodwill in the name. It would then be open to the alleged infringer to argue the incumbent lacked the necessary goodwill.
- philsnow 12y agoI went and read up a tiny bit and learned about the requirement of showing that goodwill has been taken advantage of. You are indeed correct, sorry to come off as argumentative. It "only" took me one back-and-forth before I went and checked my facts.
- grabeh 12y agoHey, if you can't argue on a HN thread, when can you argue? In fairness it looks like protection for unregistered trade marks appears to differ on a state-by-state basis so the position really isn't that clear. Plus mere use appears to be sufficient to get a modicum of protection but on a very limited basis.